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HomeMy WebLinkAbout05/07/1986Y•1f VL�•��� TOWN OF IDS ALTOS IMT 26379 Fremont Road Los Altos Hills, California n m. • •mr i is � Wednesday, May 7, 1986 cc: Feel 177, Tr. I. Side II, 432 -end, Tr. II, Side I, 001-300 Mayor Fuhrman called the Regular Meeting of the City Council to order at 7:30 p.m. in the Council Chambers at Tuan Hall. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Fuhrman and Counc;lmemhers Dronkert and Tryon Absent: Council+enbers Rydell and van Tamelen Staff: City Manager George Scarborough, Assistant City Attorney Susan St. Clair, City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd Planning Came: Carol Gottlieb B. ODNSENP CALENDAR: hems Removed: B.1 - 4/16/86 minutes (Dronkert); B.3.d) (City Engineer) M7TION SECONDED AND CARRlm: Moved by Tryon, seconded by Dronkert and passed unani- mously by all members present to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: April 15, 1986 2. Approval of Warrants: $59,322.19 (4/30/86) and $76,049.73 (5/7/86) 3. Resolutions for Adoption: a) Resolution #51-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Palmer, 27860 Saddle court) b) Resolution #52-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Bob Owen Planes, Inc., 13575 Fremont Road) c) Resolution #53-86 setting the time and place of public hearing on an application for a special land use permit (Lards of Haeckl, Lot #25, Blandor Way) e) Resolution #54-86 setting the time and place of public hearing on an application for a special lard use permit (Lards of Wright, 14185 Miranda Rd. CITY COUNCIL MINUSES - May 7, 1986 ([, B. CONSEW CALMVAR: Item 3 - Resolutions for Adoption (continued): M f) Resolution #55-86 authorizing and designating officers of the City of the Town of Ins Altos Hills to sign and endorse checks, warrants and other instruments 4 g) Resolution #56-86 endorsing Proposition 46, Property Tax Limitation h) Resolution #57-86 endorsing Proposition 47, Financing Local Goverrn t i) Resolution #58-86 endorsing Proposition 49, Non -Partisan Offices j) Resolution #59-86 endorsing the "Fair Responsibility Act of 1986" Proposition 51 Initiative Measure k) Resolution #60-86 approving the application for local assistance grant from the Roberti-Z'berg Harris Urban Open -Space and Recreation Program, and authorizing the filing thereof 1) Resolution #61-86 approving and authorizing execution of assumption and assignment agreement between the City of the Tann of Los Altos Hills and Yoab Y. George and Jajiba S. George and Charles T. Kao and Savina J. Rao, and ordering recordation thereof (loan assumption - Lot #16 - Matadero Creek) Commissioner Gottlieb reported that the following matters were discussed at the 4/23/86 Conudssion Meeting: 1) Lands of Accola - a preliminary review of the proposed new residence on Sherlock Road. The Site Developnent Applicatin for this project will go before the full Planning Cmmission for reccmendation at a later date.; 2) Study Session on Zoning Ordinance Amendments and Design Review Process - design review will not be discussed further at this tire; after the zoning ordinance amendments and site development ordinance changes are in place the matter of design review will be agendized.; and 3) the procedures for Site Development Cm¢mittee Meetings were reviewed. E. PUBLIC BFARINGS: 1. LVMS OF NAKAIIMA, Int #10, Horseshoe lane, request for a special land use permit to allow construction of a new residence having a height in excess of fifteen feet The Tbwn Planner referred to her staff report dated 5/1/86 which included the Site Development Cmndttee's reoomnendation that a special land use permit be granted based on the project's substantial ocnformance with the guidelines for Ordinance #295, based on the modifications to the driveway wbidh resulted in less alteration to the natural terrain, and based. on the reduction of the upper and lower square footage of the Muse which resulted in decreased bulkiness. CRM CITY CDLWII, MMYIES - May 7, 1986 E. KWIC HEARINGS: Item 1. Lands of Nakajima (continued) : Mr. Nakajima, applicant, cammnted on his proposed plans, noted he was available to answer any questions Council may have and reported that they were considering various fire retardant materials for the roof. NOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unani- mously by all mnbers present to grant a special lard use permit for Lands of Nakajima based on the project's substantial conformance with the guidelines for Ordinance #295. 2. IANDS OF NOY, 11672 Dawson Drive, request for a special lard use permit to allow construction of a new residence having a height in excess of fifteen feet The Torun Planner referred to her staff report dated 5/1/86 which included the Site Development Cmnittee's recomrerdation that a special lard use permit be granted based on the project's conformance with the guidelines for Ordinance #300 and based on the modifications to the roof height and additional arbors. Mr. Harm Ewxzian, 11670 Dawson Drive, and Dr. and Mrs. Howard Martin, 11666 Dawson Drive,saiit—z�il. wrtn theirconcerns t�(arnage vme. Mr. Ki&zran was also concerned that the proposed residence blend in with the neighborhood and Dr. Martin expressed concern with the five separate roof lines. In his opinion this created a owmplex appearance. Mr. Steve Johnston, applicant's architect, explained the drainage issue and haw they planned to address this concern. Mr. Johnston also discussed the proposed style of the house, explained the roof line which was chosen to avoid the appearance of one large structure, and noted that landscaping was proposed which would mitigate the visual impact of the residence. Dr. Howard Martin, 11666 Dawson Drive, stated that after seeing Mr. Johnston's model ot tfte resr erne and hearing the discussion of the proposed plans, he retracted his comments about the roof line. He now felt this would blend in quite nicely with the neighborhood. MYPION SECONDED AND CARRIID: Moved by Drunkest, seconded by Tryon and passed unani- mously by all nenbers present to grant a special lard use permit for lands of Noy basal on the project's conformance with the guidelines for Ordinance #300. F. OID BUSINESS: 1. Ordinance #301 of the City of the Tuan of Ins Altos Hills adding Sections 8-6.07 and 8-6.08 to Chapter 6 entitled "Signs and Advertising Structures" of Title 8 of the Ins Altos Hills Municipal Code concerning the posting and removal of election signs, and repealing Sections 5-1.21 and 5-1.22 (SECOND READING) PASSED BY CONSENSUS: To approve the following typographical corrections to the ordinance: first page, (a) - semicolon should be after 'erecta]'; (4) should read - 'On any City sign, including, but not limited to, traffic signs. -3- CITY coDNciL mEWI S - May 7, 1986 F. DID BusiNEss: Item 1 ordinance #301 (continued): MOTION SECONDED AMID CARRIED: Moved by Drcnkert, seconded by Tryon and passed unani- moasly by all members present to waive further reading of Ordinance #301. MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by Tyron and passed unani- mously by all members present to adopt Ordinance #301 adding Sections 8-6.07 and 8-6.08 to Chapter 6 entitled "Signs and Advertising Structures" of Title 8 of the Los Altos Hills Municipal Code concerning the posting and reroval of Election Signs, and repealing Sections 5-1.21 and 5-1.22. 2. Ordinance # of the City of the Tuan of Ins Altos Hills amending Chapter 6 entitled "Signs and Advertising Structures" of Title 8 of the los Altos Hills Municipal Code concerning the size of permitted advertising displays (FIRST READING) MOTION SECONDED AMID CARRIFA: Moved by Dronkert, seconded by Tryon and passed unani- mously by all mam}wrc present to waive further reading of Ordinance. MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by Tryon and passed unani- mously by all members present to introduce Ordinance #303 amending Chapter 6 entitled "Signs and Advertising Structures" of Title 8 of the Los Altos Hills Municipal Code concerning the size of permitted advertising displays. 3. Ordinance #302 of the City of the Ttmn of Ins Altos Hills amending Chapter 5 entitled "Zoning" of Title 9 of the Los Altos Hills Municipal Cale to amend articles 2 and 5 thereof entitled "Definitions," and "Area, Coverage, Height and Setback Limitations," respectively (SECOND REAMING) (AN1IE M ORDINANCE) (AMIISIDED BY. COON= 5/21/86) Dronkert directed the City Attorney's and City Clerk's attention to the importance of including in the titles of ordinances and resolutions what the issue was related to. In the case of Ordinance #302, it %uuld be very difficult for someone reading the agenda to realize that this ordinance was concerned with antennas. PASSED BY C0NSENS0S: TO delete the word 'weight' in paragraph two on page five. MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by Tryon and passed unani- mously by all members present to waive further reading of Ordinance #302. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unani- mously by all members present to adopt Ordinance #302 amending Chapter 5 entitled "Zoning" of Title 9 of the Los Altos Hills Municipal Code to amard articles 2 and 5 thereof entitled "Definitions," and "Area, Coverage, Height and Setback Limitations," respectively, as amended by the Council. 4. Items Removed from the Consent Calendar: a) Approval of Minutes: April 16, 1986 Dmnkert requested clarification from the tape of Item I.3.c) concerning organization of a meeting of neighboring jurisdictions to discuss mutual safety concerns. The tape was checked and Dronkert suggested this matter be placed on a Council agenda for clarification. -4- CITY COUNCIL MINUTES - May 7, 1986 F. OIL) BUSINESS: Item 4. Items Removed frau the Consent Calendar (continued): MOTION SECONDED AMID CARR=: Moved by Dronkert, seconded by Tryon and passed by the following roll call vote to approve the minutes of the April 16, 1986 Council Meeting with the following amendment: page three, Item three, paragraph three, first sentence should read: '. . . .to protect the rights of the dish antenna owners.' AYES: Councilmambers Dronkert and Tryon NOES: None ABSENT: COuncilmaTbers Rydell and van Tamelen ABSTAIN: Mayor FUhxman b) Resolution # setting the time and place of public hearing on an application for a special land use permit (Lards of Chantalat, Lot #37, Dawson Drive.) PASSED BY M4SE NSUS: To delete this item from the agenda as }leen-m9�e-�j+-tkrSitr6evelegerrar�ECmrtittx-and the applicant was planning to redesign the project. (AHMED BY COUNCIL 5/21/86) G. NEW BUSINESS 1. Request for relief from minimum septic system expansion area standards, Lards of Green: 13460 South Fork Road The City Engineer referred to his staff report dated 5/2/86 which noted that the Greens were requesting a reduction in the septic system expansion area standards for their property. They were planning to add on to their home which was built prior to the Town's incorporation. MOTION SE DNDED AMID CARRIED: Moved by Dronkert, seconded by Tryon and passed unani- mously by all members present that due to the constraints upon the lot at 13460 South Fork Road (Lands of Green) , the applicant's request for relief from the minimum septic system expansion area standards is granted. This approval is made according to the plans submitted by the applicant and is subject to the applicant entering into an agreement with the Town to convert to a public sewer system in the event that the septic disposal field fails or when a public sewer is available for connection in the Three Forks area, whichever occurs first. The City Attorney is directed to prepare said agreanent. The Council also noted that that the applicant will be responsible for the legal costs of preparing the agreement and that final approval from the Town will be withheld lentil the water well*has been sealed under permit from the Santa Clara Valley Water District. *on the adjacent Lands of Von Huene (AHMED BY COUNCIL 5/21/86) H. OTHER BUSINESS: 1. Reports from Standing Committees: a) Safety Committee - BAREPP'S Local Incentive Program 4 CrnmciLimber Tryon reported that Council had before them a draft proposal regarding �r application for $10,000 from B<AFEPP*to assist in the development of the Tour's volunteer Neighborhood Emrergency Network. Tryon commuted that she world be working with David Palley, Chairman of the Safety Committee, and the City manager toward finalizing the proposal. *Bay Area Regional Earthquake Preparedness Project (AMENDED BY COUNCM 5/21/86) -5- CITY CXWIL MINI ES - May 7, 1986 H. OTEM BUSINESS: Item l.a) Safety Committee (continued): MT1'ION E=NDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unani- hrously by all members present to adopt Resolution #62-86 authorizing execution and submission of an application for Iocal Incentive Program Funds for the neighborhood emergency network earthquake preparedness project. b) Environmental Design and Protection Committee Dronkert reported that at the 5/5/86 Cmmittee meeting, it was requested that emmittee merbers be sent copies of the Site Development Ordinance. In addition the emmittee requested clarification of their participation on the Site Development Cminittee. c) Poads and Drainage Tryon requested that when the committee is asked to review, an application information on the surrounding properties be supplied to the aamiittee for their infoxmation. e) Pathways Cenmdttee Fuhnnan reported that at the 5/6/86 ommittee meeting, the members reccmieded that the Tuan participate with Foothill College for a nee multipurpose path around the edge of the Foothill College campus. This participation would cost between $8,000 and $8,400. It was agreed this recomendation would be placed on the next Council agenda. 2. Reports from Ad Hoc Committees: a) Heritage House Fuhrmn mmiented that the landscape plan for the Heritage House, which had been Prepared by Mary Hays, was on display at Torun Hall and ocn ents were welcome. The plan would be scheduled for Site Develop ent in the near future. At that meeting a representative of the Heritage House Ccmnittee would be present and the Council would be notified of the meeting time and date. Fuh man also reported that the committee had been advised by Foothill college that due to the issue of liability insurance, the events scheduled for the July 4th dedication of the House and 39WAnniversary of the Tann had to be cancelled. It now appeared there would be a ceremony dedicating the House at Town Hall. The mrmittee had a meeting scheduled for 5/12/86 and a report would be forthcoming. *30th (AMFSIDID BY COUNCIL 5/21/86) 3. Council Business: a) Tryon: Newsletter Policy Tryon reported that she and Mary van Tamelen had met and reviewed the newsletter policy and this matter would be agendized for the next Council Meeting. b) Tryon: Attendance at Planning Commission Meetings Tryon noted that as she was the Town's representative to the Transportation Ommission, which met on the 2nd and 4th wednesdays of the month, she would be unable to attend Cmmission Meetings. As a new schedule for Council attendance at Commission meetings had just been distributed, Tryon noted that she would ask another Councilmenber to represent her and this conflict with the Transportation Cmmission would be noted for future schedules. N CITY COUNCIL MERITES - May 7, 1986 H. OTHER BUSINESS: Itan 3. Council Business (continued): c) Tryon: Fhergency Preparedness Tryon noted that according to Ordinance #225 the Mayor was the Director of IImergency Services in the Town. Tryon reduested that this ordinance be revised to show the City Manager as the Director of Emergency Services with the Mayor as the first alternate. It was agreed the City Attorney would prepare the appropriate revised ordinance. Tryon reported that there was an informational emergency booklet from Santa Clara County which she was reviewing for appropriate distribution. Tryon reported that she had given the City Manager a draft of a handbook concerning the Town's emergency plan. Tryon reported that former Councilmembers Andrew Allison and William Perkins would be available as standby oamcilmembers in the case of an Emergency. d) Tryon: informational Packet to all owners in Town Tryon asked if there was a method of notifying all owners of lots in Town of changes in ordinances, specifically in the Site Development Ordinance. The City Manager responded that there was net a method of doing this; however, anyone ming in to Town Hall to discuss present or future plans was advised of the ordinances and of possible modifications which were being discussed. e) Dronkert: Intergovernmental Council Meeting Dronkert reported that at the last IGC Meeting the following issues were discussed: report from the Golden Triangle Task Force; summary of the Hazardous Materials Storage Ordinance (Los Altos Hills has 40 underground tanks and one above ground); opposition to the Gann Initiative; and an invitation from the Land Use Committee to attend a public hearing on 5/12/86 concerning gift deed regulations. f) Dronkert: Environental Design and Protection Committee Dronkert noted that there was a vacancy on this committee and suggested committee vacancies be advertised along with the notice for the Planning Commission vacancies. In addition Dronkert suggested that separate interviews might be held this year for the Planning Commission vacancies. g) Dronkert: New Exhibit in Council Chambers Dronkert cemented on the new art exhibit in Chambers and noted that a letter thanking the artist and Marjorie Kellogg, Wubit Curator, should be sent. 1. STAFF REPORTS: 1. City Manager: ( a) Los Altos Sewer Service Charge Settlement Agreement The City Manager referred to his staff report dated 5/1/86 which explained the agree- ment between the Tuan and Ins Altos concerning the Pine Ione Lift Station and the payment by Ins Altos of $40,000. The proposed settlement agreemnt provides that the $40,000 will be placed in a separate fund in Los Altos to be used to pay the Town's -7- CITY OJDNc1I, mnurES - May 7, 1986 I. STAFF REPOIUS: Item I. a) Ins Altos Sewer Service Change Settlement Agreerent (continued) portion of cost to upgrade the Pine Lane Lift Station when such upgrade becomes necessary. MOTION S)mfIDID AND CARUM: Moved by Dronkert, seconded by Tryon and passed by the following roll call vote to adopt Resolution #63-86 approving and authorizing execution of "Amerrhrent No. 1 to Serer Service Charge Settlement Agreement between Ins Altos/ Ins Altos Hills" AYES: Mayor FUhnren and Councilnmber Dronkert NOES: None ABSENT: Counc;lmemberc Rydell and van Tamelen ABSTAIN: COuncilmember Tryon b) Contract with Martin Carpenter and Associates The City Manager referred to his staff report dated 5/2/86 which included the recce uendation that the contract with Martin Carpenter and Associates be extended for one year. MOTION SENMIDID AMID CARRIED: Moved by Tryon, seconded by Dronkert and passed unani mously by all members present to adopt Resolution 064-86 approving and authorizing execution of second addendum to agrearent between the City of the Town of Ios Altos Hills and Martin Carpenter Associates, Inc. Mf7TION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unani- mously by all members present to go past the hour of adjourmient of 11:30 p.m. c) S -Carve Project The City Manager referred to his staff report dated 5/2/86 which noted that only one bid was received for the S-curve Project in the amount of $392,664 or $100,664 nmre than the budget estimate. The Manager explainer that part of the discrepancy between the budgeted amount and the bid amount results from the bidder's choice of retaining wall construction technique. After preliminary discussions with O'Grady Paving, the Manager reported a $50,000 reduction in the bid price with potentially a further decrease. With the additional deletion of supplements one and two of the project (Seven Acres to Miranda and a new storm drainage pipe), the bid price was within the budgeted amount. MOTION MADE AMID FA= DOE TO IACK OF A SECOMID. Motion made by Dronkert to reject the bid from O'Grady Paving for the Serve Project. MOTION SEOOMED AMID CARRIED: Moved by Tryon, seconded by Fu1uman and passed by the following roll call vote to approve in principle the Fremont Bead S -Curve Project and to direct the City Manager to discuss appropriate concerns with the contractor and to discuss the project at the next Council Meeting. AYES: Mayor Fuhrman and Councilminber Tryon NOES: None ABSENT: Councilmmbers Rydell and van Tamelen ABSTAIN: councilnember Dronkert CITY COUNCIL MDR= - May 7, 1986 (, I. STAFF HFPORrS: Item 1.City Manager (continued): 7 d) Height and Design Review Revisions to the Zoning Ordinances The City Manager referred to his 5/2/85 staff report which noted that the Planning Commission has Meted its review of the height provisions of the zoning ordinance. Their report dated 5/1/86 and their earlier report on MA and floor area constituted their reoamwndations on the revisions to the zoning ordinance. Lori Scott, Martin Carpenter and Associates, addressed the Council and clarified sections of the report. MYFION SEMMED AND CATU=: Moved by Dronkert, seconded by Fuhrman and passed by the following roll call vote to direct staff to draft a revision to the coning ordinance incorporating the Planning OORmission's recomrendations. The draft will be sukmitted to the City Attorney for his review and revision and then provided to the Planning Cmmission to begin the zoning ordinance amendment process (including public hearings at Commission and Council Meetings). AYES: Mayor Fuhrman and Councilmember Tryon Dronkert NOES: None ABSENT: Councilmamb rs Rydell and van Tamelen ABSTAIN: Counncilmember En nkert Tryon (AMIDED BY OXVICIL 5/21/86) e) Mining Reclamation Plan, Neary Quarry The City Manager referred to the Town Planner's report dated 5/1/86 which included the recommendation that the Council adopt the staff position as stated in their 4/22/86 letter to Mr. Sarkisian and that a letter be sent to Mr. Sarkisian re- egphasizing the Town's concern over the inadequacy of information heretofore provided in the Neary Quarry Reclamation Plan application. MITION SEMMED AEID CARRIED: Ymed by Dronkert, seconded by Fuhrman and passed unanimously by all members present to adopt the staff's position as stated in their 4/22/86 letter to Mr. Sarkisian and to direct the Mayor to Mr. Sarkisian so stating this Council action with a copy of said letter to Supervisor McKenna for informational purposes. f) Fbrd Country Day School The City Manager reported that the Ford Country Day School planned to erect a tent for a fundraiser later in the month. The staff viewed this as a temporary structure and not subject to the Town's ordinances. Council concurred with this approach. 2. City Attorney: a) Town vs. Bellucci, Adobe Creek Icdge Assistant City Attorney St. Clair reported that on 5/6/86 the Superior Comet granted a Preliminary Injunction to require removal of the remaining drums on Mr. Bellucci's property and to prevent Mr. Bellucci from bringing anymore drums onto his property. b) Fremont Road Improvement Project - Fminent Domain The Assistant City Attorney reported that in connection with the S -Curve Project it will be essential for the Town to have the right to use as much of the property of the neighboring comers as is needed to do .the proposed road improvement work. N CITY COUNCIL MINUTES - May 7, 1986 2. STAFF REPORTS: Item 2.b) Fremont Road S -Curve Project (continued) : In view of this the City Attorney recomye ded scheduling the public hearing on the Town's intention to acquire the easerents in question for June 4, 1986. If in the meantime he was able to reach agreement with the residents, the hearing could be cancelled. M7TION SECONDED AMID CARRIED: bbved by Dronkert, seconded by Fuhrman and gassed unanimously by all menbers present to adopt Resolution #65-86 declaring intent to adopt one or more resolutions of necessity and setting the time and place of a hearing for certain interests in properties located in the vicinity of Fremont Road (eminent domain hearings - S -Curve Project) c) Nuisance Ordinance Dronkert noted that a draft of a nuisance ordinance had been received from the City Attorney and commented that much in the ordinance did not apply to the Town nor did it seen to clearly define what a 'public' nuisance was. PASSED BY CONSENSUS: To establish a sub-ommnittee to review the proposed draft nuisance ordinance. This sub-�ttee mould include two Counciln embers and a Planning Commissioner. It was agreed Councilmsnnbers Dronkert and van Tamelen and Oon nissicner Gottlieb would serve on this sub-emmittee and a meeting would be scheduled in the near future. 3. City Clerk: Report on Council Correspondence Council discussed the following items on the 5/2/86 Report on Council Correspondence: 1) Letter from Mr. Zenger concerning condition of roads in Tuan. It was agreed the City Manager would send a letter to Mr. Zenger explaining the repair schedule €er-hkr:eade- specifically for the manholes on Altamont and the Black Mtn. path. (AMROED BY COUNCIL 5/21/86) 2) Letter from Mr. Inbman concerning daze in Adobe Creek at Rhus Ridge. This matter as noted was on the next Council agenda. For that meeting Dronkert requested clarification of the property line in question, responsibility of the creek area under discussion and comment on consistency with present policies, both those of the Town and outside agencies. 3) Letter from Mr. Pearce concerning antenna ordinance. This letter had been received from Mr. Pearce after the report dated 5/2/86 had been prepared. However, Dronkert noted that she had prepared a response to several of the inaccuracies in Mr. Pearce 's letter and it was agreed the Mayor would send a letter to Mr. Pearce. ADJOUIME NP: There being no further new or old business to discuss, the City Council adjourned at 12:10 a.m. Respectfully submitted, Patricia Dowd, City Clerk -10-